California employers may mandate employee vaccination under new guidance from the State’s Department of Fair Employment and Housing (DFEH). With the opening up of California businesses and expansion of vaccine eligibility, a key question facing employers has been whether they can require their employees to get vaccinated.
Continue Reading CA DFEH Issues Guidance on Mandatory Employee Vaccination
For over 30 years, most district courts throughout the country have used a two-step conditional certification process to govern certification of collective actions under the Fair Labor Standards Act (FLSA). But in its recent and game-changing opinion, the Fifth Circuit rejected that two-step process and laid out a stricter framework for FLSA collective actions.
Continue Reading Fifth Circuit Rejects Two-Step FLSA Certification Process
California recently enacted Assembly Bill 1867, requiring all private employers with 500 or more employees to provide COVID-19 supplemental paid sick leave for their California employees. Employers must begin providing supplemental sick leave, under the new law, no later than September 19, 2020. The law will remain in effect until the later of December 31, 2020 or expiration of any federal extension of the Families First Coronavirus Response Act.
Continue Reading California Expands COVID-19 Paid Sick Leave
Los Angeles (LA) Mayor Eric Garcetti has issued an emergency order modifying the City’s recently passed COVID-19 supplemental paid sick leave requirements. The prior ordinance, adopted on March 27, 2020, by the LA City Council, had required LA employers with 500 + employees nationally, to provide up to 80 hours of supplemental paid sick leave. In a nod to the instrumental role employers will play in the City’s revival in the aftermath of the coronavirus crisis, Mayor Garcetti modified the paid leave requirements in a number of key ways.
Continue Reading COVID 19: Mayor Modifies Prior City of Los Angeles Paid Sick Leave Obligations, Narrowing and Clarifying Requirements
Yesterday, Governor Newsom issued an Executive Order mandating that all California residents remain at home, except those needed to maintain continuity of operations of the federal critical infrastructure sectors. The Order is open ended and will continue to be in place until the Governor orders otherwise. What does this mean for California businesses?
Continue Reading Non-Essential California Businesses Must Limit Operations
On Thursday, the California Supreme Court ruled that employees must be paid for time spent undergoing security checks before leaving work.
Continue Reading California Supreme Court Holds Time Spent On Bag Checks Is Compensable
In a case of first impression, the Third Circuit rejected the view of the United States Department of Labor, ruling that incentive payments from third parties are not necessarily included in the calculation of an employee’s overtime rate.
Continue Reading Third Circuit: Certain Third Party Bonuses Excluded from FLSA Overtime Rate Calculation
In a recent decision, the California Supreme Court refused to overturn an arbitrator’s award, despite finding the award was incorrect. Specifically, the Court held that an arbitrator should have considered evidence of a rejected section 998 settlement offer and changed its cost award, even after issuing a final arbitration decision. However, the Supreme Court determined a trial court does not have authority to correct this error. The ruling emphasized the broad scope of an arbitrator’s powers and narrow scope of judicial review when the parties choose arbitration.
Continue Reading CA Supreme Court: Arbitrator’s Error Cannot Be Reviewed By Court
The Supreme Court once again has shown its strong preference for enforcing the terms of arbitration agreements as written by the parties. In Henry Schein Inc. v. Archer & White Sales Inc., Justice Kavanaugh’s first written opinion, the Court held that when an arbitration agreement delegates the threshold question of arbitrability to an arbitrator, the arbitrator, not a court, should decide the question, even if it is clear to a court that the dispute is not covered by the arbitration agreement.
Continue Reading Supreme Court Enforces Yet Another Arbitration Agreement
The California Supreme Court has ruled that California employers cannot rely on the federal de minimis doctrine to avoid claims for unpaid wages on small amounts of time. Under the de minimis doctrine, employers may be excused from paying workers for small amounts of otherwise compensable time if the work is irregular and administratively difficult to record. Federal Courts have frequently found that daily periods of approximately 10 minutes are de minimis even though otherwise compensable.
Continue Reading FLSA De Minimis Defense Does Not Apply to California Wage Claims